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HomeMy WebLinkAbout1976-10-13 387 AD RESOLVE387 AD Introduced by Councilor never, October 13, 1976 CITY OF BANGOR (TITLE.)CSOawy._AeearStus and..cczxazxsng.She.Alty'Q. P: �ii:bge ontn.. carton... Be�uirementa under Title I of the Loom Petits Work Capital Development and ia"veetment Act aE"1176. .- __ .......... ..........._. _.___._._.. By w City cowF.;t dWs DltysfBs . RBSDL"D, =I, the City of Bangor wishes to make an application for and receive Federal funds under Title I of the Local Feblic Works Capital Development and Investment Act of 1976; and WHEREAS, 13 CFA Part 316 required that certain certifications and assurances be given, by the City of Bangor NOW THEREFORE, BE IT RESOLVED, by the City, Courcdl of the City of Bangor that the City of Bangor hereby assuresand certifies that it shall comply with the regulations, policies, guidelines and requirements, including Office df Management and Budget Circular No. A-95, and Ffderal Management Circulars 74-4 and 74-7, as they relate to the application, acceptance and use of Federal funds for this federally -assisted Project. Also the City of Bangor gives assurance and Certifies with respect to the grant that: I. It possessed legal authority to apply for the grant, and to finance add construct the proposed facilities; that an order has been duly passed and adopted as an official act of the City Council authorining the filing of the application, including all understandings and assurances contained therein, and directing and authorising the Acting City Manager as the official representative of the City of Bangor to act in connection with the application and to provide such additional information as may be required. 2. It shall comply with the provisions of Executive Order (E.o.) 11296, relating to evaluation of flood hasards,and E. 0. 11288, relating to the pre- vention, control, and abatement of water pollution. 3. If the requested financial assistance is for a sappl®erttary Brent to another Federal Agency, the other Federal Agency's financial desistance has been approved and is mediately available and sufficient funds shall be available when construction is completed to assure effective operation and maintenance of the facility for the purposes constructed. 4. It shall submit to the appropriate Federal agency for prior approval changed that alter the costs of the project, use of apace, or functional I9yeut; that it shall Prot enter intoe construction contract(s) for the project or under - hula other activities hatil the conditions of the construction grant program(s) has (have) been met. 5. It shall provide and maintain competent and adequate architectural engineering supervision and Impaction at the construction site W insure that the completed work conforms with the approved plane and specifications, that it Shall furnish progress reports and sueh other information as the Federal grantor agency may require. 6. It shall operate and maintain the facility in accordance with the miNamm standards as may be required or prescribed by the applicable Federal, State end local agencies as W the maintenance and operation of such facilities. 7. It shall give the grantor agency and the Comptroller General through any authorised representative, access to and the right to eremine all records, books, papers, or documents related to the grant, for the entire time period beginning with project approval and ending three years after the final dis- bursement of grant fuMa. S. It shall require the facility to be designed to oompiy with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Comer A117.1-1961, as modified - (41 CFR 101-17.703) and 13 CFR 309.14. The City of Bangor shall be responsible for conducting inspectiore to insure compliance with theae specifications by Pan contractor. 9. It shall cause on-site labor on the project to begin within 90 days after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reason- able diligence. It further understands that after approval of the Project the Government can, at its option, cancel its obligation W Provide funds for Ube project if the applicant is unable for any reason to cause on-site labor on the project to begin within the 90 -day period. 10. .Construction of the project has not started. 11. It assures that a a Recipient receiving Federal financial assistance from the EconomicDevelopment Adnindstration, it shall comply with Title VI and Title VII of the Civil Rigbts Act of 1964, as amended (42 U.S.C. 20004 et �Lej.)i E.O. 11246 as amended by E.O. 11375. the requirements imposed by or pursuant to Regulations, issued for the Department of Commerce and designated as 15 CFR Subtitle A, Pert Bi Section 110, P. L. 94-369: and any amendments thereto. N. It shall establish safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, busineas, or ether ties. 13. It shall comply with the requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), 42 U.S.C. 4601 et seq. and 13 CFR Part 310, which provides for fair and equi- table treatment of persona displaced as a result of Federal and federally assisted programa. - 14. It shall reaply with the provisions of the Hatch Act whish limit the political activity of employees. 15. It shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor -Standards Act, as they apply to hospital and educational institution employees of State and local governments. 16. It shall comply with Provisions of the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). Such provisions include the payment of Prevailing wage rates of the area as determined by the Secretary of Labor, to laborers end mechanics employed by contrsotora and subcontractors for all construction undertaken in sowaution with this Project. 17. It agrees in the event this application is deemed approved by the operation of law, Pursuant to Section 107 of P.L. 94-369, it shall be bound by the Standard Terme and Conditions used in the Grant Agreements for the local Public Works program and such other requirements as EDA may reasonably impose. 18. In accord with these as anee$ and without limiting the above, it agrees that these assurances shall be binding upon them their grantees, assignees, transferees, lessees, and suoOmaora in interest. These assurances shall also be binding through every modification of amendment to the project. ` IW CITY CCVNCIL 387 AD October 13, 1976'. PasSgd 'SCS 'CITY CLEM RECEIVED :CIT! OF DAME Assurfny!eda Certifying the City's C1JN. CLERK'£ OFFICE ._ CompliancewithCertain "quiremento� �'i6'OCi, 5 RPI IU 37 rawer Title I of'.the: Locel,PLiblic - Works Capita} Development 6nQ InVBetNact � Act of 197. lry